Am I eligible for an arrest and PTI dismissal to be sealed from my record?

Asked over 2 years ago - Saint Petersburg, FL

I am a 27 year old professional currently in the final stages of completing a PTI term (Drug Court; Farnell) for possession of powder cocaine. I have never failed a drug test, missed a required class, court date, or payment, and have gone out of my way to complete extra incentives for the court (Quit Smoking Challenge, Fitness Challenge, etc). I want to know if I can get this arrest and everything that went along with it off my record. I have already lost one job because of it and most employment applications ask if you have had a dismissal now for felonies (some even specifically ask if you have been on PTI). Could I get this taken care of, and what would I be looking at for a time frame and ballpark cost? I have a previous conviction for a DUI as well, but so does everyone in Florida.

Attorney answers (3)

  1. Summer Rae Goldman

    Pro

    Contributor Level 11

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    Answered . Unfortunately, because of your DUI conviction, you are not eligible to seal the Possession of Cocaine case.

    Pursuant to Sections s.943.0585 and s.943 .059, Florida Statutes, a Certificate of Eligibility to expunge or seal a criminal history record cannot be issued under any of the following circumstances:
    The criminal history record reflects that you have been adjudicated guilty of a criminal offense or comparable ordinance violation or adjudicated delinquent for committing any felony or a misdemeanor specified in s.943.051(3)b. Certain driving violations are classified as criminal, such as DUI, reckless driving, and (with some exceptions) driving while license is suspended/canceled/revoked.

    Keep doing well with PTI though because at least you can say the charge was dismissed.

    Best of luck,
    Summer Goldman
    www.goldmanwetzel.com

    Legal disclaimer: The answers given are limited to the facts as given and presumed by the answer itself. Without... more
  2. James Regan

    Pro

    Contributor Level 20

    Answered . Consult an attorney in your county regarding expungement / sealing your record. The last time I checked, DUI is not eligible for expungement and having two criminal charges probably excludes you from expunging the drug charge as well.

    Sincerely,

    James Regan, Esq.

    Sent from my iPad

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The... more
  3. John Matthew Leace

    Contributor Level 14

    Answered . In order to get this charge sealed or expunged, you can not have another disqualifying charge on your record. Because the DUI carried a mandatory adjudication, you will not be eligible to get this charge sealed or expunged.

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